Bombay High Court

KOTHAWLE PATIL BUILDERS AND LAND DEVELOPversusPRAKASH TRIMBAK MAULE AND ORS

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed as the petitioner has an efficacious remedy of appeal under Order XLIII of the Code of Civil Procedure, 1908.

Summary

The petitioners, Kothawle Patil Builders & Land Developers, challenged an order dated 7 May 2026 passed by the Civil Judge, Senior Division, Nashik in RCS No.656/2025. The High Court examined whether a writ petition was maintainable when an appeal under Order XLIII of the Code of Civil Procedure, 1908, was available. The Court held that the petitioners have an efficacious remedy of filing an appeal and therefore the writ petition could not proceed. Consequently, the writ petition was dismissed, but the petitioners were given liberty to prefer an appeal. The Court also directed that any such appeal should be heard and decided expeditiously.

Issues considered

Whether a writ petition is maintainable when an appeal under Order XLIII of the CPC is available
Whether the High Court can dismiss the writ petition and direct the petitioner to prefer an appeal

Legislation cited

Code of Civil Procedure, 1908 — s. Order XLIII

Subjects

writ petition
civil procedure
appeal
Order XLIII
maintainability
jurisdiction

Judgment

                                                                        29-WP-11379-2026.DOC

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 11379 OF 2026


                   Kothawle Patil Builders & Land Developers                ..Petitioner

                           Versus

                   Prakash Trimbak Maule & Ors.                        …Respondents


                   Mr. Sandeep D Shinde, a/w Mr. Umesh S Iyer, Mr. Jayvardhan
                        Hajare, for the Petitioner.


                                               CORAM :        N. J. JAMADAR, J.
                                               DATE      : 29th SEPTEMBER 2026

                   P.C.:

                   1.      Heard the learned Counsel for the petitioner.

                   2.      The challenge in this petition is to an order dated 07 th May,

                   2026 passed by the learned Civil Judge, Senior Division, Nashik

                   in RCS No.656/2025.

SAINATH            3.      The petitioner has an efficacious remedy of preferring an
SANJAY
BODKHE
Digitally signed
by SAINATH
                   appeal under the provisions of Order XLIII of the Code of Civil
SANJAY BODKHE
Date: 2026.10.01
11:11:13 +0530
                   Procedure, 1908 before the Appellate Court.

                   4.      The Writ Petition stands disposed with liberty to the

                   petitioner to prefer an appeal.




                   SAINATH, PA                          1/2
                                                   29-WP-11379-2026.DOC

5.      In the event such an appeal is filed, the Appellate court is

requested to hear and decide the appeal as expeditiously as

possible.



                                          [N. J. JAMADAR, J.]




SAINATH, PA                         2/2

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